What Evidence Does a Trucking Company Have to Keep After a Crash?

After a truck crash in Georgia, much of the evidence that shows what went wrong belongs to the trucking company: the driver’s hours-of-service logs, inspection and maintenance records, the driver’s qualification file, drug and alcohol test results and the truck’s own electronic data. Federal rules require carriers to keep many of these records, but only for set periods, and some can be discarded after just three months. Here is what the rules require and how to keep the evidence from disappearing.

How Long Trucking Companies Must Keep Key Records

Record	Federal rule	Minimum time kept
Driver vehicle inspection reports (DVIRs)	49 C.F.R. § 396.11	3 months from the report date
Hours-of-service records, including ELD data and supporting documents	49 C.F.R. § 395.8(k)	6 months
Inspection, repair and maintenance records	49 C.F.R. § 396.3(c)	1 year while the carrier controls the truck, and 6 months after it leaves the carrier’s control
Negative drug and alcohol test results	49 C.F.R. § 382.401	1 year
Records of post-accident test collection and decisions	49 C.F.R. § 382.401	2 years
Positive drug tests, alcohol results of 0.02 or higher, and refusals	49 C.F.R. § 382.401	5 years
Accident register	49 C.F.R. § 390.15	3 years after the crash
Driver qualification file	49 C.F.R. § 391.51	The length of the driver’s employment plus 3 years

These are minimums. A carrier can keep records longer, and once it knows or should know that it is likely to be sued, Georgia law expects it to preserve relevant evidence no matter what these federal deadlines say.

Drug and Alcohol Testing After a Truck Crash

A carrier must test its driver after any crash that involves a death. It must also test after a crash in which the truck driver receives a citation for a moving violation and either someone is treated for injuries away from the scene or a vehicle is towed with disabling damage (49 C.F.R. § 382.303). In those citation cases, the citation must be issued within 8 hours for an alcohol test and within 32 hours for a drug test.

The timing is strict. An alcohol test should happen as soon as practicable. If it is not done within 2 hours, the carrier must document why, and it must stop trying after 8 hours. A drug test must be done within 32 hours. If a required test never happened, the carrier’s records should explain why.

The Truck’s Electronic Data

Many trucks have an engine control module and other systems that can record speed, braking and other data around a crash. Federal trucking rules do not set a specific period for keeping that data, which is one more reason a prompt preservation request matters. Our article on black box data and distracted driving in Georgia explains what these devices can capture.

When Georgia Requires a Trucking Company to Preserve Evidence

In Georgia, a company’s duty to preserve evidence begins when it knows, or reasonably should anticipate, that it will be sued. The Georgia Supreme Court set that standard in Phillips v. Harmon, 297 Ga. 386 (2015). Courts look at factors such as how serious the injuries were, how clear fault was, and whether the company investigated the crash or notified its lawyers or insurer.

If a company destroys evidence after that point, a court can tell the jury to presume that the missing evidence would have been unfavorable to the company, or impose other sanctions. In rare cases of bad faith, a court can enter a default judgment. Georgia law also allows a presumption against a party that fails to produce evidence within its control (O.C.G.A. § 24-14-22).

Why a Preservation Letter Still Matters

A letter is not required for the duty to preserve to begin, but a preservation letter puts the carrier on actual notice. It should name specific evidence: ELD and hours-of-service data, dispatch and GPS records, the driver qualification file, inspection and maintenance records, post-accident test records, dash camera video and engine data. Sending it within days, before the 3-month and 6-month clocks run, makes it far more likely that the records still exist.

What You Can Do Right Now

• Write down the trucking company’s name and its USDOT number, which must be displayed on both sides of the truck’s power unit, often on the cab doors.
• Keep your photos, the police report number and the names of any witnesses.
• Get medical care and keep every record and bill.
• Do not give a recorded statement to the trucking company’s insurer before you talk with a lawyer.
• Talk with a lawyer early, so a preservation letter goes out while the records still exist.

How This Fits Into a Georgia Truck Accident Claim

Evidence is one part of a truck case. Our guide to Georgia truck accident claims covers who can be responsible, insurance minimums and deadlines, and our overview of federal trucking safety rules explains the rules these records are meant to prove.

Jonathan Flack spent two and a half years on the insurance side of commercial truck, tractor-trailer and medical transport van cases before founding Flack Injury Law, so he knows what carriers keep and how they respond after a crash. He now represents injured people only, and he takes cases to court when a fair settlement is not offered.

Frequently Asked Questions

Talk With a Truck Accident Lawyer

If you were hurt in a crash with a commercial truck in Georgia, call (678) 653-0309 or request a free case review. You can talk directly with Jonathan Flack, in English or Spanish. No fee unless we recover money for you, and if we don’t, you owe no case costs either.

Related guides

• Atlanta truck accident attorney
• Georgia truck accident claims: laws, deadlines and insurance
• Who Is at Fault in a Jackknife Truck Accident in Georgia?
• Truck and Tractor-Trailer Accidents in Georgia: How Federal Motor Carrier Safety Regulations Can Make or Break Your Case
• Wrongful Death After a Truck Accident in Georgia: Who Can File and What It Pays

See all our guides for people hurt in Georgia crashes.